Right Not to Work: Unions and Title VII

Oranburg, Seth

Journal: FIU Law Review

Volume: 19

First Page: 893

Year: 2025

Bluebook Citation: 19 FIU L. REV. 893 (2025)

Author: Seth C. Oranburg: all 10 publications


Abstract

This article explores how Title VII's mandate for religious accommodation conflicts with union seniority rights, as revealed in Groff v. DeJoy. It argues that labor unions often oppose Sabbath accommodations not out of hostility to religion, but to protect bargained-for entitlements. The piece highlights a growing legal tension: whether co-worker burdens count as “undue hardship” under Title VII—a question with major implications for religious liberty in unionized workplaces.

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